Prospects for improving the criminal law norms providing responsibility for the creation, use and dissemination of computer malware

The article analyzes the objective-subjective features of the corpus delicti stipulated in Art. 273 of the Criminal Code of the Russian Federation “Creation, Use and Dissemination of Computer Malware”. The author examines in detail the various official legal and doctrinal approaches to defining the concept of computer malware, the criteria for determining their maliciousness, as well as the position of judicial authorities with respect to this particular problem. The key types and focus of such programs are considered, and their classification is given. The judicial practice of qualifying other computer information intended for unauthorized destruction, blocking, modification or copying of computer information as an alternative method of committing a crime is being studied. The results of the study are the author's proposal to modernize the disposition of the current criminal law norm of Art. 273 of the Criminal Code of the Russian Federation, as well as the definition of computer malware.